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Connecticut
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May 13, 2024
Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie
The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.
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May 13, 2024
2nd Circ. Affirms Dismissal Of Bystolic Antitrust Suit
The Second Circuit issued its first decision under the high court's Actavis "pay for delay" ruling on Monday, affirming the dismissal of a case alleging that an AbbVie predecessor delayed competition for its hypertension treatment Bystolic through deals with several generic makers.
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May 13, 2024
Kwok Trustee Seeks Expanded Role For BVI Law Firm
The Chapter 11 trustee in Chinese exile Ho Wan Kwok's bankruptcy case has asked a Connecticut judge for permission to hire Harney Westwood and Riegels LP as Cayman Islands counsel, a move that would expand the firm's reach beyond its current status as British Virgin Islands counsel to the estate.
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May 13, 2024
2nd Circ. Won't Revive UBS Suit Over Disclosed Account Info
The Second Circuit declined Monday to revive a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service, finding that any alleged harm resulting from an audit would have been caused by the agency itself.
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May 13, 2024
Conn. AG Sues Altice Over 'Enhancement Fee'
Cable and internet service provider Altice illegally earned millions of dollars by charging consumers a monthly $6 "network enhancement fee" and failed to clearly disclose internet speed restrictions in violation of state law, Connecticut Attorney General William M. Tong said in a state court lawsuit on Monday.
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May 13, 2024
Impending Conn. Judge Retirements Prompt Special Elections
On Election Day this year, 24 Connecticut municipalities will hold special elections to complete the terms of probate judges who will be retiring over the next year, Gov. Ned Lamont's office said Monday.
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May 10, 2024
Ex-Conn. Investment Adviser Arrested In Fla. Over $4M Fraud
A former Connecticut investment adviser who lives in Florida was arrested there on charges that he defrauded clients out of more than $4 million by using their money for personal expenses and to pay returns for other clients.
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May 10, 2024
2nd Circ. Says Subway Texts Don't Trigger Autodial Law
A divided Second Circuit panel upheld the dismissal of a suit claiming that the sandwich chain Subway illegally spammed consumers' phones with automated texts, finding that a Connecticut federal judge was right in ruling that the marketing campaign didn't use an autodialer as defined by federal law.
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May 10, 2024
Conn. Court Upholds Diplomat's $582M Win Against Ex-Wife
Connecticut's ban on lawsuits arising out of adultery does not invalidate a Kuwaiti diplomat's $582 million win in a case against his ex-wife, whom he accused of lying about the paternity of their children as part of a complex fraud, the state's intermediate-level appeals court ruled Friday.
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May 10, 2024
Engineering Firm Inks Latest Deal In Conn. No-Poach Suit
Belcan Engineering Group LLC has reached a deal with a proposed class of aerospace workers who accused it of conspiring with a Raytheon Technologies Corp. subsidiary and others to restrict hiring through anti-competitive "no-poach" agreements, according to a notice filed in Connecticut federal court.
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May 10, 2024
Conn. Quarry Wants $1.3M For Attys After $9.5M Trial Win
A Connecticut quarry that the town of East Haven was found to have shut down for political reasons should receive just under $1.3 million for its attorney fees after winning a constitutional challenge in federal court, the company said in a Friday filing.
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May 09, 2024
3M, Dupont Want Conn. AG's PFAS Suit To Stay In Fed. Court
Stressing their work for the military, 3M Co. and several entities tied to what was once E. I. du Pont de Nemours and Co. have opposed a motion by the Connecticut Attorney General's Office to send a PFAS forever chemicals environmental pollution case back to state court.
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May 09, 2024
Making Borrower Contact Ex Was Reasonable, Court Told
A Connecticut woman's lawsuit accusing her mortgage servicer of forcing her to get in touch with an abusive ex-partner must be dismissed because it doesn't properly state a claim for violation of the Equal Credit Opportunity Act, the company told a federal court Thursday.
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May 09, 2024
Conn. Atty Denies Blame For News Story About Willkie Partner
A solo practitioner in Greenwich, Connecticut, denied blame on Thursday for having "concocted" an unflattering New York Post article that said a Willkie Farr & Gallagher LLP partner and his wife were squatting in a Connecticut mansion during a heated legal battle with their landlord.
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May 09, 2024
Body-Sculpting Device Supplier Hit With Fraud Claims
A Massachusetts company that sells body-sculpting equipment tricks buyers into believing their operations will be unrealistically lucrative, and harms them with restraints on pricing and coercion against transferring their devices, according to a lawsuit in Connecticut state court.
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May 09, 2024
Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims
A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.
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May 08, 2024
AGs Blast Federal Data Privacy Law's Proposed State Override
California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments.
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May 08, 2024
Conn. Healthcare Facility Owes $13.4M For Patient's Death
A state trial court judge on Wednesday refused a Connecticut healthcare facility's requests to scuttle a $10 million jury verdict over a patient's death, agreeing to ratchet an estate's victory up to nearly $13.4 million because of interest dating back more than four years.
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May 08, 2024
Water-Damaged Conn. Hotel Sues Insurer For More Coverage
A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.
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May 08, 2024
Kimberly-Clark Blasts 'Illogical' Connecticut PFAS Claims
Kimberly-Clark Corp. is urging a federal judge to toss a proposed class action brought by three Connecticut residents who argued that the company contaminated private property near its New Milford manufacturing plant with toxic "forever chemicals," calling the allegations "illogical," speculative and incomplete.
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May 08, 2024
Conn. Justices To Hear McCarter & English Damages Demand
The Connecticut Supreme Court has accepted a certified question from a federal district court judge in McCarter & English LLP's yearslong fee feud with a former client, agreeing to decide whether the firm can recover punitive damages after years chasing Jarrow Formulas Inc. and winning a jury verdict last year.
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May 08, 2024
Conn. Builder Drops $4.7M Stamford Pavilion Delay Suit
A Connecticut general contractor has dropped its lawsuit accusing the city of Stamford and an architecture practice of causing delays in a $4.7 million project and driving up the building company's costs as it tried to build a pavilion in a city park.
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May 07, 2024
85 Lawmakers Join Chorus Opposing Space Force Transfers
A bipartisan group of 85 federal lawmakers on Tuesday joined all 50 state governors in opposing a proposal to allow Air National Guard units to be transferred to the U.S. Space Force without gubernatorial approval, arguing the measure would undermine "the integrity and longstanding mission of the National Guard."
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May 07, 2024
2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution
A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.
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May 07, 2024
Real Estate Co. Says Privilege, Immunity Don't Protect Trustee
A real estate company says a Chapter 7 trustee overseeing a Connecticut woman's personal bankruptcy cannot invoke the doctrine of qualified immunity or assert a litigation privilege to avoid being countersued for trying to stop a home sale the trustee considered fraudulent.
Expert Analysis
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Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal
The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.
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The Hurdles Of Class Noticing In Crypto Class Actions
Amid the growing number of cryptocurrency-related class action lawsuits, there are challenges relating to notifying potential class members, as the methods for traditional class actions may not work in these cases, say Loree Kovach and Nicholas Schmidt at Epiq.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Effectual Relief Questions Linger After Section 363 Ruling
In the months since the U.S. Supreme Court's ruling in MOAC Mall Holdings, courts and practitioners must grapple with the issue of what effectual relief courts may grant upon an appeal of an unstayed sale order, says Monique Jewett-Brewster at Hopkins Carley.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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Circ. Split May Have Big Effect On SEC Disgorgement Remedy
The Second Circuit’s recent U.S. Securities and Exchange Commission v. Ahmed ruling follows equitable limitations on disgorgement imposed by the U.S. Supreme Court despite subsequent congressional amendment, provides guidance on rules that govern the remedy, and sets up a significant circuit split with the Fifth Circuit, says Elisha Kobre at Bradley Arant.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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A Midyear Look At How AI Is Affecting Lawyers
The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.
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NY, Minn. Set Pace For Employee Breastfeeding Protections
Breastfeeding employees have gotten increased legal protections through recently effective amendments in New York and Minnesota, and the laws underline the need for employers to watch for state-level legislative efforts to extend these protections beyond federal requirements, say John Litchfield and Miranda Curtis at Foley & Lardner.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.